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mining may also be permitted on land which does not have significant forest cover on National Forests west of the 100`" meridian (except on the Custer National Forest) where the Secretary of Agriculture determines that surface mining is incompliance with the Multiple-Use-Sustained-Yield Act of 1960, the Federal Coal Leasing Amendments Act of 1975, the National Forest Management Act of 1976, and the provisions of this Act. I have considered [he values that will be affected by my decision to allow surface occupancy on the lands within these two coal leases and have concluded that implementation of my decision will not be incompatible with these values. The surface operations that I have approved are incident to an underground mine. I have the delegated the authority to make these decisions for the Secretary of Agriculture (Forest Service Manual, FSM 1900 -Planning, Chapter 1920 - Land and Resource Management Planning, Interim Directive No. 1920-2001-1, effective December 14, 2001). Federal Land Policv and Management Act of 1976: This Act allows the granting of land use permits on National Forest System lands. The regulations at Code of Federal Regulations Title 36 Part 251 (36 CFR 251) guide the issuance of permits under this Act. Land use permits are granted on National Forest System lands when the need for such is consistent with planned uses. National Forest Management Act of 1976: The Forest Plan was approved in 1983 and amended in 1991, as required by [his Act. This long-range land and resource management plan provides guidance for all resource management activities in the Forest. The National Forest Management Act requires all projects and activities to be consistent with the Forest Plan. The Forest Plan has been reviewed in consideration of this project (EA, Section 1.5.3). This decision is consistent with [he Forest Plan. Mining and Minerals Policv Act of 1970. This Act declared it would be the continuing policy of the Federal government and in the national interest to foster and encourage private enterprise in the development of economically sound and stable domestic mining industries, and the orderly and economic development of domestic mineral resources (EA, Section 1.5.1). This decision is consistent with this Act. Mineral Leasing Act of 1920, as Amended by the Federal Coal Leasing Amendments Act of 1975. This Act authorizes the federal agencies to lease coal reserves. It requires the BLM to secure consent from the surface management agency prior to leasing federal coal lands (EA, Section 1.5.1). This decision is consistent with this Act. National Historic Preservation Act: This decision complies with the provisions of this Act and the American Indian Religious Freedom Act. Native American interests were consulted during this project (EA, Section 4.2). Endangered Snecies Act: Compliance with this Act is addressed in Section VI, of this document. National Environmental Policy Act: The documentation for this project supports compliance with this Act. Forest Transportation System regulations, Title 36 CFR Part 212, January 12, 2001. Forest Service Manual, FSM 7700 -Transportation System, Chapter 7710 -Transportation Atlas, Records, and Analysis, Interim Directive No. 7710-2001-3, effective December 14, 2001. Forest Service Manual, FSM 1900 -Planning, Chapter 1920 -Land and Resource Management Planning Interim Directive No. 1920-2001-1, effective December 14, 2001. VIII. IMPLEMENTATION DATE AND APPEAL OPPORTUNITY This decision is subject to appeal under 36 CFR 215.7. Appeals need to be submitted in writing and within 45 calendar days after publication of the notice of the decision in the Denver Post. Appeals should be submitted to: USDA-Forest Service Attn: Appeal Deciding Officer 201 14`s Street, SW Washington, DC 2000 Appeals must meet the content requirements of 36 CFR 215.14. If no appeal is filed, this decision maybe implemented five business days from [he close of the appeal-filing period. Final Version 5/31/02 Page 22